Haryana

Yamunanagar

CC/830/2013

Rajinder Kumar S/o. Sumeru - Complainant(s)

Versus

Dhiman Fancy Store etc. - Opp.Party(s)

Sh.Chakshu Juneja

16 Nov 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR

 

                                                                                    Complaint No.830 of 2013.

                                                                                    Date of institution:19.11.2013.

                                                                                    Date of decision: 18.11.2015.

Rajinder Kumar son of Sh. Sumer, village Dhaka, P.O. Naharpur, District Yamuna Nagar.  

                                                                                                           …Complainant.

                                    Versus

 

1. Dhiman Fancy Store, Khajuri Road, Yamuna Nagar through partner/ Proprietor.  
2. Lawa Mobile Service Centre, Geeta Bhawan Market, infront of Paper Mill Gate, Yamuna Nagar, District Yamuna Nagar through its partner/Proprietor. 
3. Lawa International Limited, A-56, Sector-64, NOIDA- Uttar Pradesh through    Managing Director.                                                                                                                                                                              …opposite parties.

 

Before:             SH. ASHOK KUMAR GARG…………….. PRESIDENT.

                        SH. S.C.SHARMA………………………….MEMBER.

 

Present:  Sh. Chakshu Juneja Advocate, counsel for complainant.  

               OPs already ex-parte. 

                

ORDER

 

1.                     Complainant Sh. Rajinder Kumar has filed the present complaint under section 12 of the Consumer Protection Act. 1986, praying therein that respondents (hereinafter referred as OPs) be directed to replace the aforesaid mobile set of complainant with new one and further to pay a sum of Rs. 50000/- as compensation on account of mental tension, harassment, agony and loss suffered by him alongwith litigation expenses of Rs. 5000/-. 

2.                     Brief facts of the complaint, as alleged by the complainant, are that the complainant purchased a mobile set from OP No.1 manufactured by OP No.3 vide Bill No.2606 dated 22.7.2013 for a sum of Rs. 1450/-. After one month from the purchasing of mobile set he faced problem in charging of the mobile set and due to that he visited the shop of Op No.1 who advised him to contact with OP No.2 who is service centre of OP No.3. As per advise of Op No.1, the complainant contacted with Op No.2 Service Centre and told about the problem of mobile in question. After checking the mobile in question, OP No.2 replaced the jack ( charging jack) of the mobile in question and charged a sum of Rs. 175/- on this account from the complainant. However, after some days again the same problem started in the mobile set of the complainant and the complainant again visited the OP No.2 on 3.10.2013 and asked for repair the mobile set in question but the official of OP No.2 flatly refused to do the same. In this regard a complaint was also made to the Police Station City, Yamuna Nagar on 3.10.2013 against OP No.2 but no action was taken by the police officials. There is a deficiency in service and unfair trade practice on the part of OPs. Hence this complaint. 

3.                     Upon notice, OP No.1 appeared through Sh. Rohit Kumar in person who failed to file any written reply or documents and also remained absent from the court, so, he was proceeded ex-parte vide order dated 22.1.2015.

4.                     OPs No.2 & 3 were also summoned through registered post, but they failed to appear before this Forum, so they were proceeded ex-parte vide order dated 22.11.2014.

5.                     To prove his case, complainant tendered into evidence his affidavit as Annexure CW1/A and documents such as Photo copy of bill as Annexure C-1, Photo copy of receipt as Annexure C-2 Copy of Application sent to the SHO, P.S. City Yamuna Nagar as Annexure C-3 and closed his evidence.

6.         We have heard the learned counsel for the complainant and have gone through the pleadings as well as documents placed on file carefully and minutely.

7.                     It is not disputed that the complainant has purchase the mobile set from OP No.1 manufactured by OP No.3  vide bill No. 2606 on dated 22.7.2013 for a sum of Rs. 1450/- which is evident from the bill Annexure C-1. The only plea of the complainant is that the mobile set in question was having problem in charging of the battery and due to that he contacted with the service centres i.e. OP No.2 and official of OP No.2 replaced the jack and charged Rs. 175/- on 24.9.2013 but after some time same problem again started but the second time official of Op No.2 refused to do the same and flatly refused. The version of the complainant is duly supported by his affidavit whereas the OPs did not bother to contest the complaint and remained ex-parte. As the problem of mobile set has been reported only within 2 months from its purchase as is clear from Annexure C-2. So, we are of the considered view that it cannot be ruled out the problem in mobile set was not due to manufacturing defect. Hence, we have no option except to accept the complaint of the complainant.

8.                     We are of the considered view that the complainant is entitled for relief qua repair of his mobile set. Hence, we direct the OPs No.2 & 3 to repair the mobile phone of complainant and set it in proper working order free of costs and further to pay a sum of Rs. 500/- as compensation for mental agony, harassment as well as litigation expenses. Order be complied within 30 days after preparation of copy of this order failing which complainant shall be entitled to invoke the jurisdiction of this Forum as per law. Copies of this order be sent to parties concerned free of costs as per rules. File be consigned to the record room after due compliance.

Announced in open court: 18.11.2015.                   

                                                                                    (ASHOK KUMAR GARG )

                                                                                    PRESIDENT,

 

                                                                                    (S.C.SHARMA )

                                                                                     MEMBER.